to Claims Tribunal.
(1) A person seeking
any relief in respect of the matters referred to in [sub-sections
(1) and (1-A) of Sec.13 may make an application to the Claims
(2) Every application
under sub-section (1) shall be in such form and be accompanied
by such documents or other evidence and by such fee in respect
of the filing of such application and by such other fees for the
service or execution of processes as may be prescribed :
Provided that no such fee shall be payable in respect of an application
under sub-clause (ii) of Cl. (a) of sub-section (1) [or, as the
case may be, sub-section (1-A)] of Sec.13.
(1) the Claims
Tribunal shall not admit an application for any claim-
(a) under sub-clause (i) of Cl. (a) of sub-section (1) of Sec.13
unless the application is made within three years from the date
on which the goods in question were entrusted to the railway administration
for carriage by railway;
(b) under sub-clause (ii) of Cl. (a) of sub-section (1) [or, as
the case may be, sub-section (1-A)] of Sec. 13 unless the application
is made within one year of occurrence of the accident;
(c) under Cl. (b) of sub-section (1) of Sec.13 unless the
application is made within three years from the date on which
the fare or freight is paid to the railway administration :
Provided that no application for any claim referred to in sub-clause
(i) of Cl. (a) of sub-section (1) of Sec.13 shall be preferred
to the Claims Tribunal until the expiration of three months next
after the date on which the intimation of the claim has been preferred
under Sec.78-B of the Railways Act.
anything contained in sub-section (1) an application may be entertained
after the period specified in sub-section (1) if the applicant
satisfies the Claims Tribunal that he had sufficient cause for
not making the applicant within such period.
and powers of Claims Tribunal.
(1) The Claims
Tribunal shall not be bound by the procedure laid down by the
Code of Civil Procedure, 1908 (5 of 1908), but shall be guided
by the principles of nature justice and, subject to the other
provisions of this Act and of any rules, the Claims Tribunal shall
have powers to regulate its own procedure including the fixing
of places and times of its enquiry.
(2) The Claims
Tribunal shall decide every application as expeditiously as possible
and ordinarily every application shall be decided on a perusal
of documents, written representations and affidavits and after
hearing such oral arguments as may be advanced.
(3) The Claims
Tribunal shall have, for the purposes of discharging its functions
under this Act, the same power as are vested in a Civil Court
under the Code of Civil Procedure, 1908 (5 of 1908), while trying
a suit, in respect of the following matters, namely :
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits ;
(d) subject to the provisions of Secs, 123 and 124 of the Indian
Evidence Act, 1872 (1 of 1872), requisitioning any public record
or document or copy of such record or document from any office
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it ex parte;
(h) setting aside any order of dismissal or any application for
default or any order passed by it ex parte;
(i) any other matter which may be prescribed.
19. Right to
legal representation and presenting officers.-(1) A person
making an application to the Claims Tribunal may either appear
in person or take the assistance of a legal practitioner of his
choice to present his case before the Claims Tribunal.
(2) A railway
administration may authorise one or more legal practitioners or
any of its officers to act as presenting officers and every person
so authorised by it may present its case with respect to any application
before the Claims Tribunal.
20. Power of
Chairman to transfer cases from one Bench to another.- On
the application of any of the parties and after notice to the
parties, and after hearing such of them as he may desire to be
heard, or on his own motion without such notice, the Chairman
may transfer any case pending before one bench, for disposal,
to any other Bench.
to be by majority.- If the members of a Bench differ in opinion
on any point, they shall state the point or points on which they
differ and make a reference to the Chairman who shall either hear
the point or points himself or refer the case for hearing on such
point or points by one or more of the other members and such point
or points shall be decided according to the opinion of the majority
of the members who have heard the case, including those who first
of order of Claims Tribunal.
(1) An order made
by the Claims Tribunal under this Act shall be executable by the
Claims Tribunal as a decree of Civil Court and, for this purpose,
the Claims Tribunal shall have all the powers of a Civil
anything contained in sub-section (1) the Claims Tribunal may
transmit any order made by it to a Civil Court having local jurisdiction
and such Civil Court shall execute the order as if it were a decree
made by that Court.